Political primaries in doubt with ruling pending from fed court

A panel of federal judges told parties in a Texas redistricting case Wednesday not to expect a ruling within 30 days, throwing the date of the state’s political primaries further in doubt.

A ruling by the District of Columbia court in the complex case was expected to provide guidance to another San Antonio federal panel trying to draw new maps for state House, Senate and congressional elections.

If the San Antonio court wants to maintain the April 3 primary date, “it will have to draw plans without benefit of a ruling from District Court in D.C.,” said Nina Perales with the Mexican American Legal Defense and Educational Fund.

The San Antonio court could wait until it receives a ruling from the D.C. court, which concluded testimony this week on dilution of minority voting strength and discriminatory intent.

Lawyers for the state of Texas defended the maps as drawn for political gain, with no discriminatory intent.

Texas is one of nine mostly southern states under the Voting Rights Act that must receive prior approval from the Justice Department or federal court to implement changes to political maps or processes because of a past history of discrimination.

Minority groups also claim the state diluted minority voting strength in maps drawn for state Senate seats.

Perales said that if the San Antonio court moves forward without a ruling from the D.C. court, it risks the issuance of mixed decisions by federal courts on Voting Rights Act issues.

The D.C. court issued a one-paragraph notice to litigants in the case urging all parties to comply with deadlines to file materials. The court said it “does not anticipate issuing any order within the next 30 days.”

The Texas attorney general’s office is “working to resolve the redistricting matters as quickly as possible in a way that properly and fairly applies the law…..” said Lauren Bean, a spokeswoman for the Texas attorney general’s office. “Our primary focus is protecting the integrity of Texas’ elections and ensuring they are based on legally constructed redistricting maps —as quickly as possible.”

“What we’re awaiting is an indication from the San Antonio panel” as to what they are going to do, said Chris Elam, a spokesman for the Republican Party of Texas. “The ball rests in their court.”

Boyd Richie, the Texas Democratic Party chairman, said that he no longer believes maps will be available in time for April elections unless a settlement is reached.

The San Antonio court gave all parties until Feb. 6 to draw a consensus map or risk seeing the primaries slide further back into the calendar year.

Negotiations over a consensus map broke down over the weekend.

Rep. Eddie Bernice Johnson, D-Dallas, an African-American lawmaker and party to the Texas redistricting case, said her attorney was not included in talks among Latino groups and the Texas attorney general over a possible consensus map.

A lawyer for Rep. Lloyd Doggett, D-Austin, told the D.C. court that hurdles remain over a consensus map on congressional districts.

Because the D.C. court is not going to be rushed in its opinion, “the San Antonio court should draw the maps” on an interim basis, said state Rep. Trey Martinez Fischer, D-San Antonio, chairman of the Mexican American Legislative Caucus.

Martinez Fischer said pressure is now placed on groups to resume talks on a consensus map.

“Anybody interested in having a primary election sooner than later should talk,” Martinez Fischer said.